Any application for development shall demonstrate conformance
to design standards that will encourage sound development patterns
within the Borough. Where either an Official Map or Master Plan has
been adopted, the development shall conform to the proposals and conditions
shown thereon. The streets, drainage rights-of-way, school sites,
and flood control basins shown on the officially adopted Master Plan
or Official Map shall be considered in the approval of plats. In accordance
with good design practices, extreme deviations from rectangular lot
shapes and straight lot lines shall not be allowed unless made necessary
by special topographical conditions or other special conditions acceptable
to the approving authority. All improvements shall be installed and
connected with existing facilities, or installed in required locations
to enable future connection with approved systems or contemplated
systems, and shall be adequate to handle all present and probable
future development.
Accessory buildings are permitted in all zones provided all
yard requirements (front, side and rear) are fully observed in locating
said accessory buildings.
No apartments or townhouses shall be erected unless public or
private central water supply and a central sanitary sewer system are
provided as approved by appropriate state, county and local regulatory
agencies and until the site plan has been reviewed and approved by
the approving authority.
A. Each overall development shall have a compatible architectural and
landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plan: landscaping
techniques; building orientation to the site and to other structures;
topography; natural features such as wooded areas, drainage courses,
soil conditions, and topographic relief; and building design features
such as varying unit widths, staggering unit setbacks, providing different
exterior materials, changing roof lines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination.
B. The configuration of structures may be any alignment that meets the
yard requirements and does not exceed the following overall or component
building lengths: 1) 200 feet on one plane; 2) 340 feet on any angle;
and 3) 500 feet along the center line. Any passageway between two
structures which has a roof attached to both structures shall be included
in calculating these lengths. Structures, as measured along the center
line, shall provide one opening at ground level at least every 200
feet. This opening shall be a minimum of 15 feet in clear width and
a minimum of 10 feet in clear height and located so that the floor
level is at an elevation not more than eight inches above or below
the finished grade of the adjoining ground. The configuration of townhouse
structure may be any alignment that meets the yard requirements, but
has not less than four nor more than eight units in one overall structure.
C. No dwelling unit shall have a living area lower than the finished
grade along the front of the structure.
D. All required open space shall be improved for the purposes intended
as shown on the plan.
E. No development shall exceed the density specified in the zoning provisions.
F. Recreational facilities within an apartment or townhouse development
may be located either in the designated open space or within the yard
areas of each structure, notwithstanding the fact that the recreational
facilities may overlap imaginary yard lines used to establish the
minimum distance between structures under this chapter. The specific
location of any recreational facilities shall give consideration to
the proximity of structures, type of recreational facility proposed,
expected noise level and evening illumination which may create a possible
nuisance for residents, and expected pedestrian and bicycle traffic
across major interior roads or driveways.
Bikeways shall be required at the approving authority's discretion
depending on the probable volume of bicycle traffic, the development's
location in relation to other populated areas, or its location with
respect to any overall bike route plan adopted by the Planning Board.
Bicycle traffic shall be separated from motor vehicle and pedestrian
traffic as much as possible. Bikeways shall generally not exceed a
grade of 3%, except for short distances, and they shall be a minimum
of five feet wide for one-way and eight feet wide for two-way travel.
Bikeways shall have a minimum four-inch base of gravel, crushed stone
or slag on the subgrade and a two-inch FABC-2 surface course. Where
separate bike paths intersect streets, the curbing shall be ramped
for bicycle access to the street grade. Bikeways designated for one-way
travel shall only be located along streets. Minimum width for bikeways
built in locations other than along streets is eight feet.
A. Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
zoning ordinance and to provide for convenient access, circulation
control and safety of street traffic.
B. In blocks over 1,000 feet long, pedestrian walks 10 feet wide and
extending from street to street and suitably paved may be required
in locations deemed necessary by the Planning Board.
C. Block lengths. The distance between intersecting streets shall not
be in excess of 1,200 feet unless the Planning Board, in its discretion,
believes such requirement to be contrary to the best interests of
the Borough.
D. For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
A. Buffer areas shall require site plan approval and are required along
all lot lines and street lines which separate a nonresidential use
from either an existing residential use or residential zoning district.
Buffer areas shall be developed in an aesthetic manner for the primary
purpose of screening view and reducing noise perception beyond the
lot. Buffer widths shall be measured horizontally and perpendicularly
to lot and street lines. No structure, activity, storage of materials,
or parking of vehicles shall be permitted in a buffer area. The standards
for the location and design of buffer areas are intended to provide
flexibility in order to provide effective buffers. The location and
design of buffers shall consider the use of the portion of the property
being screened, the distance between the use and the adjoining property
line, differences in elevations, the type of buffer such as dense
planting, existing woods, a wall or fence, buffer height, buffer width,
and other combination of man-made and natural features. The buffer
shall be designed, planted, graded, landscaped and developed with
the general guideline that the closer a use or activity is to a property
line, or the more intense the use, the more effective the buffer area
must be in obscuring light and vision and reducing noise beyond the
lot.
B. A minimum of 1/2 of the periphery that requires a buffer shall have
a buffer at least 15 feet wide which shall be designed, planted, graded,
landscaped, and developed to obscure the activities of the site from
the view. In addition, not more than 1/2 of the periphery that requires
a buffer shall consist of at least two of the following: 1) fencing
or walls in a landscaped area not less than 10 feet wide; 2) a landscaped
berm at least five feet high; 3) a building with a setback of at least
200 feet with a grade of less than 20% where groups of plantings and
trees are located within this area to enhance some architectural feature(s)
of the structure as well as offer a break to large open areas, but
with no other use permitted in this yard area; and 4) a parking area
setback of at least 100 feet that is landscaped as required under
the off-street parking provisions of this chapter. If in the judgment
of the approving authority any of these alternate provisions will
not provide sufficient buffers for the portion of the site proposed,
the approving authority may require the site plan to be modified to
show the extension of the fifteen-foot buffer area outlined above,
require that the proposed alternatives be landscaped differently,
or be relocated until, in the approving authority's judgment, they
provide the desired buffering effect.
C. All buffer areas shall be planted and maintained with either grass
or ground cover together with a screen of live shrubs or scattered
planting of live trees, shrubs, or other plant material meeting the
following requirements:
(1) The
preservation of all natural wooded tracts shall be an integral part
of all site plans and may be calculated as part of the required buffer
area provided the growth is of a density and the area has sufficient
width to serve the purpose of a buffer. Where additional plantings
are necessary to establish an appropriate tone for an effective buffer,
said plantings may be required;
(2) Plant
materials used in screen planting shall be at least three feet in
height when planted and be of such density as will obscure, throughout
the full course of the year, the glare of automobile headlights emitted
from the premises;
(3) The
screen planting shall be so placed that at maturity it will not be
closer than three feet from any street or property line;
(4) Trees
shall be at least eight feet in height and 1 1/2 inch in caliper
when planted and be of a species common to the area, be of balled
and burlapped nursery stock, and be free of insect and disease;
(5) Any
plant material which does not live shall be replaced within one year
or one growing season;
(6) Screen
plantings and landscaping shall be broken at points of vehicular and
pedestrian ingress and egress to assure a clear sight triangle at
all street and driveway intersections.
Nothing in this chapter shall require any change in a building
permit, site plan, or zoning variance which was approved before the
enactment of this chapter, but is in violation of this chapter, provided
that construction based on such a building permit shall have been
started within the effective period of the permit but not to exceed
one year from the effective date of this chapter and, in the case
of a site plan or variance, a building permit shall have been issued
within 90 days following the effective date of this chapter. In all
instances the project shall be continuously pursued to completion;
otherwise said approvals and permits shall be void.
A. The purpose of this section is to provide a method of developing
land to set aside desirable open spaces, common property, conservation
areas, floodplains, school sites, recreation areas, and parks. The
generation of these areas is brought about by permitting a reduction
in lot sizes without increasing the number of lots.
B. Cluster developments may be approved in accordance with the following
standards:
(1) All dwelling units shall be connected to approved and functioning
central water and off-tract sanitary sewage treatment systems.
(2) The minimum size tract shall be 10 acres.
(3) The maximum number of lots shall be expressed in lots per gross acre of land as set forth in Article
VII.
(4) A minimum percent of the total tract to be set aside for either open space, common property or public areas, excluding street rights-of-way, shall be as set forth in Article
VII.
C. Any lands offered to the Borough shall meet the following requirements:
(1) The minimum size of any parcel shall be 0.5 acre.
(2) It shall be an integral part of the development and shall be located
to best suit the purpose(s) for which it is intended.
(3) Every parcel offered to and accepted by the Borough shall be conveyed
by deed at the time final plat approval is granted. Said deeds shall
contain restrictions stating to what use(s) such land(s) shall be
restricted.
(4) Any lands offered to the Borough shall be subject to approval by
the governing body after review and recommendation by the approving
authority. The approving authority shall be guided by the master plan,
the ability to assemble and relate such lands to an overall plan,
the accessibility and potential utility of such lands, and such existing
features as topography, soils, wetlands, and tree cover as these features
may enhance or detract from the intended use of the lands. The approving
authority may request an opinion from the agencies or individuals
as to the advisability of accepting any lands to be offered.
Any principal or accessory building located on a lot bounded
by more than one street shall have a minimum setback from each street
equal to the required front yard.
[Amended 12-18-2006 by Ord. No. 11-2006]
In accordance with state policy regarding stormwater runoff
and stormwater quality, the use of curb and gutter shall be kept to
a minimum on all streets and parking lots. The Planning Board may
require in lieu of full height curb the use of flush curbing to provide
for a stable edge for paved sections. Flush curbing shall be constructed
using the same dimensions as a standard curb section except that it
shall be 14 inches in height, as opposed to 20 inches. In those areas
where it is deemed necessary to install a standard curb section, it
shall be not more than 10 feet in length, shall be set in accordance
with approved lines and grades, and radial curbs shall be formed in
an arc segment, in a smooth curve. Chord segments are prohibited.
Concrete curbs shall be nine inches by 20 inches (eight-inch exposed
face), using Class B concrete having a twenty-eight-day compressive
strength of 4,500 psi and shall be air entrained. At locations specified
by the approving authority, the curbing shall be designed to provide
a ramp for bicycles and/or wheelchairs.
All streets shall be designed to accommodate storm drainage
along the streets, including the installation of catch basins and
pipes where the same may be necessary for proper surface drainage.
The requirements of this section shall not be satisfied by the construction
of dry wells. The system shall be adequate to carry off or store the
stormwater and natural drainage water which originates within the
development boundaries and that which originates beyond the development
boundaries and passes through the development calculated on the basis
of maximum potential development as permitted under this chapter.
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other lands without proper
and approved provisions being made for taking care of these conditions.
A. A fifteen-year storm curve shall be used in computing stormwater
runoff from the drainage basin to determine the impact on the drainage
system under consideration.
B. The pipe size determined to be adequate for the runoff computed shall
be increased by at least one standard pipe size for the type of pipe
being used in order to provide adequate allowance for the normal accumulation
of sediment and debris in the storm drainage system. In no case shall
the pipe size in a surface water drainage system be less than 15 inches
in diameter.
C. Catch basins shall be located at all intersections and located in
streets with inlet on both sides of the street at intervals of not
more than 400 feet or such shorter distances as required to prevent
the flow of surface water from exceeding 6.0 cubic feet per second
at the catch basin inlet. Access manholes shall be placed at maximum
five-hundred-foot intervals throughout the system and at pipe junctions
where there are not catch basins.
D. Dished gutters shall be permitted only at intersections involving
local streets. Dished gutters shall not be permitted on arterial or
collector streets.
E. Storm drain pipes shall be of the size specified and laid to the
exact lines and grades approved by the Municipal Engineer. Specifications
for manholes, inlets and storm drains shall follow the 1961 State
Highway Specifications, as amended.
F. For both major and minor developments, blocks and lots shall be graded
to secure proper drainage away from all buildings and to prevent the
collection of stormwater in pools and to avoid concentration of stormwater
from each lot to adjacent lots.
G. Land subject to periodic or occasional flooding shall not be designed
for residential occupancy nor for any other purpose which may endanger
life or property or aggravate the flood hazard. Such land within lot
shall be considered for open spaces, yards, or other similar uses
in accordance with floodplain regulations.
H. Where a minor or major development is traversed by a watercourse, surface or underground drainage way or drainage system, channel, or stream, there shall be provided and dedicated a drainage right-of-way easement to the township conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the township and, in addition thereto, a minimum of 15 feet beyond the bank top on at least one side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on any adopted Official Map, or master plan or as required under §
80-52, Easements, in Article
VI.
I. Easement of rights-of-way shall be required in accordance with §
80-52, Easements, in Article
VI where storm drains are installed outside streets.
Easements along rear property lines or elsewhere for utility
installation may be required. Such easements shall be at least 25
feet wide for one utility and five additional feet for each additional
utility and be located in consultation with the companies or Borough
departments concerned and, to the fullest extent possible, be centered
on or adjacent to rear or side lot lines. Floodplain and conservation
easements shall be indicated on the preliminary and final plat and
show in such a manner that their boundaries can be accurately determined.
The removal of trees and ground cover shall be prohibited in a conservation
easement or floodplain except for the following purposes: the removal
of dead or diseased trees; limited thinning of trees and growth to
encourage the most desirable growth; and the removal of trees to allow
for structures designed to impound water or in areas to be flooded
in the creation of ponds or lakes. The boundary line of any easement
shall be monumented at its intersection with all existing or proposed
street lines. Such easement dedication shall be expressed on the plat
as follows: "easement dedication granted to the Borough of Rocky Hill
as provided for in the Development Regulations Ordinance of the Borough
of Rocky Hill."
Such report shall accompany all preliminary plats, shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data, be distributed, reviewed and passed upon as follows and in accordance with the Design and Performance Standards (Article
VI) of this chapter.
A. A description of the development which shall specify what is to be
done and how it is to be done, during construction and operation,
as well as a recital of alternative plans deemed practicable to achieve
the objective.
B. An inventory of the following existing environmental conditions at
the project site and an assessment of the probable impact of the development
upon them shall be submitted: water supply; sewerage systems; topography;
noise characteristics and levels; land use; aesthetics and history.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey.
C. A listing shall be provided of the licenses, permits and approvals
needed to be furnished by federal, state or county law and the status
of these permits and approvals. The report shall include the conclusions
and comments of these governmental agencies.
D. An evaluation shall be included of any adverse environmental impacts
which cannot be avoided. Particular emphasis shall be placed upon
air or water pollution, increase in noise, increase in sedimentation
and siltation, increase in Borough services, and consequences to Borough
tax structure.
E. The report shall include a description of steps to be taken to avoid
or minimize adverse environmental impacts during construction and
operation, including necessary maps, schedules and other explanatory
data to clarify and explain the steps to be taken.
F. Notwithstanding the foregoing, the approving authority may, at the
request of an applicant, waive the requirement for all or part of
an environmental impact report if sufficient evidence is submitted
that the proposed development will have a slight or negligible environmental
impact or upon a finding that the complete report need not be prepared
in order to evaluate the environmental impact of a particular project.
[Amended 8-17-1998 by Ord. No. 4-1998]
Fences and walls shall not be located in any required sight
triangle. The finished side of all fences shall face outward. All
support members shall be on the inside of the fence facing toward
the subject property.
[Amended 9-18-1989 by Ord. No. 7-1989]
Wherever a central water supply system services a development,
provision shall be made for fire hydrants along streets and/or on
the walls of nonresidential structures as approved by the Borough,
fire department or Municipal Engineer and in accordance with Fire
Insurance Rating Organization Standards. For fire safety purposes,
no window sill shall be greater than 28 feet above finished grade
measured 10 feet from the foundation.
(Also see §
80-51, Drainage, and §
80-52, Easements, in Article
VI).
A. The purposes are:
(1) To
implement the land use rules and regulations promulgated by the New
Jersey Department of Environmental Protection for floodways and the
flood fringe portion of a flood hazard area;
(2) To
discourage construction and regrading in flood hazard areas;
(3) To
prevent encroachments into flood hazard areas which would obstruct
or constrict the area through which water must pass; and
(4) To
prevent pollution of watercourses during low or high water periods
by preventing the placing or storing of unsanitary or dangerous substances
in the flood hazard areas.
B. The flood hazard design elevation shall be determined on an individual
basis based upon stream encroachment line data from the Division of
Water Resources or, in the absence of that data, the flood elevation
based on a one-hundred-year storm frequency. One or the other shall
be delineated on the plat. In addition, the Municipal Engineer may,
upon receipt of the application and with the consent of the landowner,
determine the precise location of a floodway and flood fringe area
by close inspection, field survey or other appropriate method and
cause the same to be marked on the ground and on the plat, and notifying
the owner, the New Jersey Department of Environmental Protection Division
of Water Resources, and the approving authority. The assistance of
the United State Department of Agriculture, Soil Conservation Service
and the New Jersey Department of Environmental Protection Division
of Water Resources may be sought to aid in delineating the flood hazard
design elevation, except that where state or federal agencies have
or will publish any reports which delineate the flood hazard design
elevation or watercourse, said report shall be the officially delineated
flood hazard area as if said report were published in this chapter.
C. Any lot containing a floodway portion of a drainage course and on
which it is proposed to regrade and/or construct an improvement shall
not be permitted unless the proposed use is permitted by this chapter,
plat approval has been granted, and a floodway permit has been issued
by the New Jersey Department of Environmental Protection Division
of Water Resources where required by state regulations.
D. Any lot containing a flood fringe portion of the flood hazard area
and on which it is proposed to regrade and/or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter and until plat approval has been granted.
E. The procedure for reviewing any proposed regrading and/or construction
shall be the same as set forth for plat review. No application shall
be approved and no permit granted until all zoning violations have
either been corrected or a variance granted.
F. Permitted uses in a flood fringe portion of the flood hazard area
shall be restricted to the following provided they are permitted uses
in the district in which the flood fringe portion is located.
(1) Agriculture: general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and
wild crop harvesting.
(2) Industrial/commercial: yards, loading areas, and parking areas.
(3) Recreation: golf courses, improved courts and playing fields, swimming
areas, boat launching ramps, picnic and camping, and open space uses
such as hiking trails.
(4) Residential: lawns, gardens, parking areas, and play areas.
G. The applicant shall submit maps, reports, and other appropriate documents
permitting the approving authority to evaluate whether the proposal
has an inherent low flood damage potential; does not obstruct flood
flows or increase flood heights and/or velocities; does not affect
adversely the water-carrying capacity of any delineated floodway and/or
channel; does not increase local runoff and erosion; does not unduly
stress the natural environment of the floodplain or degrade the quality
of surface water or the quality and quantity of groundwaters; does
not require channel modification or relocation; does not require fill
or the erection of structures; and does not include the storage of
equipment and materials.
H. Prior to any action by the approving authority on a plat involving a floodway or flood fringe area, a public hearing shall be set and conducted by the approving authority. Notice of the hearing shall be as required under §
80-24, Public hearings and notice, in Article
IV.
I. Upon reviewing the application, hearing the applicant's representation,
hearing comments from the general public and other agencies to which
the application was forwarded for comment, the approving authority
shall deny, approve subject to conditions, or approve the application.
Its conclusions shall be based on findings related to the above criteria.
[Amended 12-18-2006 by Ord. No. 11-2006]
All lots where fill material is deposited shall have clean fill
and/or topsoil deposited which shall be graded to allow complete surface
draining of the lot into best management practices devices, local
storm sewers systems or natural drainage courses. No regrading of
a lot shall be permitted which would create or aggravate water stagnation
or a drainage problem on site or on adjacent properties, or which
will violate the provisions of the soil erosion and sediment control,
soil removal and redistribution, and floodplain provisions of this
chapter except where such ponding is required as part of a state-approved
best management practices device constructed to meet water quality
or water quantity standards. Grading shall be limited to areas shown
on an approved site plan or subdivision. Any topsoil disturbed during
approved excavation and grading operations shall be redistributed
throughout the site.
A homeowners' association may be established for the purposes
of owning and assuming maintenance responsibilities for the common
open space and common property designed within a development provided
the approving authority is satisfied that the organization will have
a sufficient number of members to reasonably expect a perpetuation
of the organization in a manner enabling it to meet its obligations
and responsibilities in owning and maintaining any property for the
benefit of owners or residents of the development. If established,
the organization shall incorporate the following provisions:
A. Membership by all property owners, condominium owners, stockholders
under a cooperative development and other owners of property or interest
in the project shall be mandatory. Required membership and the responsibilities
upon the members shall be in writing between the organization and
each member in the form of a covenant with each agreeing to liability
for his pro rata share of the organization's costs.
B. The organization shall be responsible for liability insurance, taxes,
maintenance and any other obligations assumed by the organization,
and shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any open space or
property by sale or otherwise, except to an organization conceived
and established to own and maintain the open space or property for
the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space or property
without first offering to dedicate the same to the municipality(s)
wherein the land is located.
C. The assessment levied by the organization upon each member may become
lien on each member's property. The organization shall be allowed
to adjust the assessment to meet changing needs.
D. The organization shall clearly describe in its bylaws all the rights
and obligations of each tenant and owner, including a copy of the
covenant, model deeds, and Articles of Incorporation of the organization
and the fact that every tenant and property owner shall have the right
to use all common properties. These shall be set forth as a condition
of approval and shall be submitted prior to the granting of final
approval.
E. The Articles of Incorporation, covenants, bylaws, master deeds, and
other legal instruments shall insure that control of the organization
shall be transferred to the members based on a percentage of the dwelling
units sold and/or occupied and shall clearly indicate that in the
event such organization shall fail to maintain the common open space
or common property in reasonable order and condition, the Borough
may serve written notice upon such organization or upon the owner
of the development setting forth the manner in which the organization
has failed to maintain the common open space or common property in
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured with 35 days thereof, and
shall state the date and place of a hearing thereon which shall be
held within 15 days of the notice. At such hearing, the designated
Borough body or officer, as the case may be, may modify the term of
the original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be cured. If
the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Borough, in order to preserve the common open space and
common property and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the common open space and
common property except when the same is voluntarily dedicated to the
public by the owners. Before the expiration of said year, the Borough
council shall upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space
and common property call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the council at which hearing such organization and the owners of
the development shall show cause why such maintenance by the Borough
shall not, at the election of the Borough, continue for a succeeding
year. If the Borough council shall determine that such organization
is ready and able to maintain said open space and property in reasonable
condition, the Borough shall cease to maintain said open space and
property at the end of said year. If the council shall determine such
organization is not ready and able to maintain said open space and
property in a reasonable condition, the Borough may, in its discretion,
continue to maintain said open space and property during the next
succeeding year, subject to a similar hearing and determination in
each year thereafter. The decision of the council in any such case
shall constitute a final administrative decision subject to judicial
review.
F. The cost of such maintenance by the Borough shall be assessed pro-rate
against the properties within the development that have a right of
enjoyment of the common open space and common property in accordance
with assessed value at the time of imposition of the lien, and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon, and enforced
and collected with interest by the same officers and in the same manner
as other taxes.
All area lighting shall provide translucent fixtures with shields
around the light source. The light intensity provided at ground level
shall average a maximum of five-tenths footcandle over the entire
area. For each fixture and lighted sign, the total quantity of light
radiated above a horizontal plane passing through the light source
shall not exceed 7 1/2% of the total quantity of light emitted
from the light source. Any other outdoor lighting shall be shown on
the site plan in sufficient detail to allow determination of the effects
at the property line and on nearby streets, driveways, residences,
and overhead sky glow. No lighting shall shine directly or reflect
into windows, or onto streets and driveways in such a manner as to
interfere with driver vision. No lighting shall be of yellow, red,
green or blue beam nor be of a rotating, pulsating, beam, or other
intermittent frequency. The intensity of such light sources, light
shielding, the direction and reflection of the lighting, and similar
characteristics shall be subject to site plan approval by the approving
authority. The objective of these specifications is to minimize undesirable
off-site effects.
A. Lot dimensions and area shall not be less than the requirements of
the zoning provisions.
B. Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
C. Each lot must front upon an approved, paved street with a right-of-way
of at least 50 feet.
D. Through lots with frontage on two streets will be permitted only
under the following conditions;
(1) Where
the length of the lot between both streets is such that future division
of the lot into two lots is improbable; and
(2) Access
shall be to the street with the lower traffic function and the portion
of the lot abutting the other street shall be clearly labeled on the
plat, and in any deed, that street access is prohibited.
E. Where extra width has either been dedicated or anticipated for widening
of existing streets, zoning considerations shall begin at such new
street line and all setbacks shall be measured from such line.
F. Two or more contiguous lots under the same ownership, regardless
of whether or not each may have been approved as portions of a subdivision
acquired by separate conveyance, or by other operation of law, and
one or more of said lots should not conform with the minimum area
and/or dimension requirements for the zone in which it is located,
the contiguous lots shall be considered as a single lot and the provisions
of this chapter shall hold.
G. Any nonconforming lot not meeting the definition of the previous
subsection may have a building permit issued for a permitted use without
an appeal for variance provided the building coverage is not exceeded
and parking requirements are met, and provided further that the nonconforming
lot abuts lots on either side that are developed and the nonconforming
lot is the largest possible assemblage of contiguous land under the
preceding subsection. Where the nonconforming lot abuts either a vacant
lot or an oversized developed lot, the issuance of a building permit
may be delayed until the approving authority determines the reasonableness
of requiring the applicant to acquire additional land to reduce or
eliminate the nonconformity. Where the resulting lot is still nonconforming,
the yard and height provisions may be reduced to the same percentage
the area of the undersized lot bears to the zone district requirements
except that no side yard shall be less than half that required by
the ordinance, or five feet, whichever is greater, and no building
shall be required to have a height less than 12 feet.
H. Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12
of the Map Filing Law, as amended, and shall be place in accordance
with said statute and indicated on the final plat. All lot corners
shall be marked with a metal alloy pin of permanent character.
Natural features, such as trees, brooks, swamps, hilltops and
views, shall be preserved whenever possible. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and the landscape treatment of the area.
[Amended 3-5-1990 by Ord. No. 1-1990]
The lawful use of land, buildings, or structures existing when
this chapter was adopted may be continued on the lot or in the structure
although they may not conform to this chapter and any such structure
may be restored or repaired in the event of partial destruction thereof;
provided, however, that none shall be enlarged, extended, relocated,
converted to another use, or altered, except in conformity with this
chapter, except as permitted below. Land on which a nonconforming
use or structure is located and any nonconforming lot shall not be
subdivided or re-subdivided so as to be made more nonconforming in
any manner.
A. Abandonment. A nonconforming use shall be considered abandoned: 1)
if it is terminated by the owner; 2) if a nonconforming use involving
a structure is discontinued for 12 consecutive months; or 3) if a
nonconforming use of land without structure(s) ceases for a period
of six months. The subsequent use of the abandoned building, structure,
and/or land shall be in conformity with this chapter.
B. Conversion to permitted use. Any nonconforming building, structure,
or use may be changed to conform to this chapter, but shall not be
changed back to a nonconforming status.
C. Maintenance may be made to a nonconforming use, structure, or lot
provided the maintenance work does not change the use, expand the
building or the functional use of the building, increase the area
of a lot used for nonconforming purpose, or increase the nonconformity
in any manner.
D. Nonconforming lots and structures (see §
80-60, Lots, in Article
VI). Any existing structure on a lot nonconforming as to area, frontage, width or depth, or an existing structure on a lot which violates any yard requirements, may have additions to the principal building, including porches and decks, and or construct an accessory building without an appeal for a variance, provided the total permitted building coverage is not exceeded and the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter.
[Amended 11-17-2003 by Ord. No. 5-2003]
E. Restoration and repairs.
(1) Any nonconforming building, structure or use which has been condemned
or damaged by fire, explosion, flood, windstorm, or act of God, shall
be examined by the following three people: 1) the Building Inspector;
2) the owner or an architect or engineer selected by the owner; 3)
a third person agreed to by the Building Inspector and the owner whose
fee shall be agreed to and shall be paid in equal portions by the
Borough and the owner. If in the opinion of the majority of the above
three people, the value of repairing the condition is greater than
50% of the value of replacing the entire structure, it shall be considered
completely destroyed and may be rebuilt to the original specifications
only upon approval of a use variance as provided by state statues.
(2) Where the value of repairing the condition is determined to be less
than 50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided it does not exceed the height, area and bulk of the original
structure.
(3) The percent damaged or condemned shall be the current replacement
costs of the portion damaged or condemned computed as a percentage
of the current replacement cost of the entire structure neither to
include the cost of the foundation unless the foundation is damaged
or condemned.
F. Sale. Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
G. Existing land uses not conforming to the standards pertaining to
the Airport Safety Zone.
[Amended 9-21-2020 by Ord. No. 2020-02]
(1) No provision of this chapter pertaining to an Airport Safety Zone
shall require the removal or lowering of, or other change or alteration
of, any structure or tree not conforming to N.J.A.C. 16:62 et seq.
(2) No person shall build, rebuild, create or cause to be built, rebuilt
or created any object or structure, or plant, or cause to be planted
or permit to grow any tree or vegetation which will interfere with,
diminish, change or obstruct the airspace or landing and takeoff area
available for the landing and takeoff of aircraft at Princeton Airport.
(3) A preexisting land use not in conformance with the provisions pertaining
to an Airport Safety Zone may at the discretion of the Borough be
classified as either "nonconforming" or "conditional."
[Amended 3-7-1977]
Before final approval of a subdivision or site plan the approving
authority may require, in accordance with the standards of this chapter
and an adopted circulation plan and utility service plan, the installation,
or the furnishing of a performance guarantee in lieu thereof, or any
or all of the following off-site and off-tract improvements which
are necessary or appropriate for the protection of the public interest
by reason of the development's effect on land other than the developer's
property: street improvements, water system, sewerage, drainage facilities
and easements therefor.
A. Essential off-site and off-tract improvements.
(1) Where a development has no direct access to a public street, improved
and meeting the standards of N.J.S.A. 40:55D-34 and 40:55D-35, or
where it has no direct access to a public or private central water
supply or central sanitary sewer and does not qualify for individual
sewage disposal systems, the approving authority may nevertheless
grant final plat approval if the developer shall acquire, improve
and dedicate to the Borough such street between the development and
an existing improved public street and, in the case of a water system
and sanitary sewers, if the developer shall acquire, improve and dedicate
such water and sanitary sewer facilities, all as approved by the approving
authority, governing body and serving utility company.
(2) Where a development creates a demand for water supply and/or sewage
treatment beyond the capacity of the present facilities and causes
the need for a new or expanded well, pump, or storage tank for water
supply and/or a new or expanded sewage treatment plant and ancillary
equipment, the approving authority may nevertheless grant final plat
approval if the developer shall acquire land for improvement, and
dedicate such water and sewer facilities all as approved by the approving
authority, governing body and serving utility company or if the developer
shall pay the municipality or serving utility for the costs of any
such land, improvement and water and sewer facilities. Where such
new or expanded facilities will have a capacity beyond the needs of
the development, the costs to the developer shall be determined in
accordance with the development's pro rata share.
(3) In cases where drainage waters are to be diverted from the proposed
development into other drainage or stormwater systems or onto other
lands or streets and it appears that such off-site and off-tract facilities
are not adequate to accommodate the additional waters from the development
or the diversion of surface waters due to regrading within the development
so that provision is required to extend, enlarge or create drainage
facilities off-site or off-tract, and the need for such off-site and
off-tract facilities is occasioned by the needs of the proposed development,
and the costs of such facilities will not be an unreasonable burden
upon the applicant if borne solely by the applicant in the light of
the relationship of such costs to the entire project of the applicant,
the approving authority may nevertheless grant final approval if the
developer shall acquire, improve and dedicate to the Borough such
enlarged, additional or new drainage facilities, as the case may be,
as shall be approved by the approving authority and governing body
or if the developer shall pay the Borough for the costs of any such
enlarged, additional or new drainage facilities. Where such new or
expanded facilities will have a capacity beyond the needs of the development,
the costs to the developer shall be determined in accordance with
the development's pro rata share.
(4) Such off-site and off-tract improvements shall be subject to the
provisions of this article as if they were required improvements within
the development. The dedication thereof shall be subject to approval
of the Borough Attorney as to form. In lieu of the developer's performing
such off-site and off-tract work, the developer and the governing
body may enter into an agreement for such work to be performed by
the Borough or its contractors at the cost of the developer.
(5) Where the approving authority shall determine that off-site and off-tract
improvements would be essential to the development, as set forth above,
so that the development cannot proceed without such off-site and off-tract
improvements being made as part of the development and the developer
does not want to install or pay the cost of installing, such improvements,
the application shall, on the developer's request, be denied, without
prejudice, to a future application at such time as the conditions
no longer apply which would make off-site and off-tract improvements
essential.
B. Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable, although not essential as set forth above, and that the improvements would promote the objectives of this chapter and can be most appropriately in connection with the development, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough with the costs thereof to be assessed against all properties specially benefited thereby (including the property of the developer), then the provisions of this Subsection
B shall apply as follows:
(1) During the processing of the application as the desirability of such
off-site and off-tract improvements shall become apparent to the approving
authority, but in no event beyond the time for the action on the preliminary
plat, the approving authority shall refer its recommendations on the
matter of off-site and off-tract improvements to the governing body.
(2) If the governing body agrees that the matter should be considered,
then the Municipal Engineer or other authority retained by the Borough
for such purpose shall determine the nature of the off-site and off-tract
improvements required or likely to be required in the area, including:
(a)
The needs created by the applicant's proposed development.
(b)
The then-existing needs in the area, notwithstanding any work
of the applicant.
(c)
The reasonably anticipated improvements or foreseeable work
on other lands in the area.
(3) The Municipal Engineer or other authority shall estimate the costs
of such work, including all costs which would be included in any local
improvement ordinance which the Borough would be authorized to adopt
for said project, and including costs for construction, engineering,
any easement or right-of-way acquisition, legal work, advertising,
contingencies, bonding, and assessments.
(4) The Municipal Engineer or other authority shall also determine the
anticipated amount that the lands of the applicant would be expected
to be assessed under local improvement procedures pursuant to N.J.S.A.
40:56-21 et seq., as amended.
(5) The Municipal Engineer or other authority shall report to the governing
body the scope of the recommended project with the estimated total
costs and the estimated share of the developer.
(6) Based upon the report of the Municipal Engineer or other authority and the recommendations of the approving authority, the governing body shall determine whether to undertake such off-site and off-tract improvements or portions thereof as a local improvement, the cost of which will be specially assessed against properties benefited thereby in proportion to, and not in excess of, the benefits received pursuant to Chapter
56 of Title 40 of the Revised Statutes of New Jersey.
(7) If the determination of the governing body shall be that it will
not adopt such ordinance for the making of such improvements as a
local improvement, the final development layout shall be designed
accordingly and the approving authority shall base its further proceedings
upon such determination.
(8) If the determination of the governing body shall be to proceed to
adopt such local improvement ordinance, it shall proceed in the following
manner:
(a)
If sufficient funds are available for the initial appropriation
required for said ordinance, the governing body may appropriate such
funds and adopt such ordinance. All subsequent proceedings for the
making and assessment of the cost of the off-site and off-tract improvements
shall be in accordance with such ordinance and the final development
layout shall be compatible with the required off-site and off-tract
improvements.
(b)
If sufficient funds are not available for the initial appropriation
required for said ordinance, the governing body may determine the
anticipated amount that the lands of the applicant would be expected
to be assessed, accepting the recommendations of the Municipal Engineer
or other authority or making its own determination.
[1]
The amount so determined by the governing body shall then be
deposited by the applicant with the Borough Treasurer prior to final
approval of the development and prior to introduction of such local
improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between the applicant and the Borough concerning the uses of the deposit which shall include the following stipulations: that said funds shall be used by the Borough solely for the construction of such off-site and off-tract improvements as specified in said agreement and for the other expenses incidental thereto, as more particularly set forth in Subsection
B(3) above, and the acquisition of any easements of rights-of-ways in connection therewith; that such deposit may be appropriated by the Borough, with other funds of the Borough, toward the accomplishment of such purposes, and in that connection may be commingled with such other appropriated funds and may be expended by the Borough in connection with such purposes; that if such deposit is not used by the Borough within a specified time agreed upon by the applicant, said funds shall be returned to the applicant; that upon completion of the work by the Borough or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the easement made upon applicant's property (whether or not applicant is then the owner thereof), and that if such deposit shall have been less than the amount ultimately assessed and confirmed against such property, then the owner or owners of said property shall pay the difference between the deposit and such assessment, or if the deposit shall exceed the amount so assessed and confirmed, the excess shall be refunded to the applicant without interest.
[3]
In any case where, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined in Subsection
A(1) or
(2) hereof, said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, and the governing body has concurred in said findings and has determined to proceed in accordance with Subsection
B(8) above, but the developer is unwilling to make such deposit as specified thereunder, then there shall be no final approval of the development until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(9) The determination of the governing body as to whether to proceed
toward the adoption of a local improvement ordinance shall be made
as soon as practicable after referral by the approving authority,
but in any case within 30 days after the referral and recommendation
of the approving authority unless such time shall be extended by the
consent of the applicant. If no such determination shall be made within
such thirty-day period or within such time as extended, the approving
authority may proceed as if the governing body had determined that
it would not adopt such local improvement ordinance.
A. General provisions for off-street parking.
[Amended 3-7-1977]
(1) The use of pervious parking surfaces shall be encouraged for any
expansion of an existing or creation of new parking surfaces where
practical. Pervious pavement shall be as defined by the New Jersey
Department of Environmental Protection. The new parking surface shall
be graded and drained to dispose of all surface water as approved
by the Municipal Engineer, and in accordance with the Borough stormwater
ordinance. Off-street parking areas used for employee parking in the
Industrial Zone may be surfaced with gravel or recycled product as
approved by the Municipal Engineer. There shall be a five-foot-wide
sidewalk at least five inches above the parking area pavement between
any building and a parking area or drive of any retail sales or service
establishment.
[Amended 12-18-2006 by Ord. No. 11-2006]
(2) All parking spaces within parking areas shall be clearly and legibly
marked, showing the parking arrangement within the parking area.
(3) Any lighting in connection with off-street parking shall be directed
downward away from all adjoining street, residence zones or residential
building.
[Amended 9-21-2020 by Ord. No. 2020-02]
B. Access to and from lots. Drives shall be limited to a maximum of
two to any street, and be at least 50 feet from any property line.
C. Access to parking and loading spaces. Individual parking and loading
spaces shall be served by on-site aisles designed to permit each motor
vehicle to proceed to and from each parking and loading space without
requiring the moving of any other motor vehicle. Where the angle of
parking is different on both sides of the aisle, the larger aisle
width shall prevail.
D. Buffers. Parking and loading areas for commercial and industrial
uses shall be buffered from adjoining streets, existing residential
use, or any residential zoning district in a manner meeting the objectives
of the buffer section of this chapter.
E. Curbing. In an effort to reduce the concentration of stormwater runoff
and promote sheet flow, the Borough will consider the elimination
of curbing on the exterior of parking lots. However, curbing may be
required around loading areas to separate them from major interior
driveways and from parking. Curbing may also be installed within the
parking or loading areas to define segments of the parking or loading
areas and to create landscape areas. Curbing shall also be installed
around buildings and to provide safe pedestrian access. Concrete wheel
blocks may be located within designated parking or loading spaces.
All curbing shall be located in conjunction with an overall drainage
plan. Curbing installed at locations requiring pedestrian access over
the curbing shall be designed to have ramps from the street grade
to the sidewalk. The breaks shall be either opposite each aisle or
no less frequent than one every 65 feet along the curb.
[Amended 12-18-2006 by Ord. No. 11-2006]
F. Dimensions.
(1) Off-street parking spaces shall be nine feet wide and a minimum of
18 feet in length in accordance with the following schedule. In any
event, all parking lots shall provide handicapped parking in accordance
with state law. These spaces shall be located so that access does
not require wheeling or walking behind parked cars.
[Amended 12-18-2006 by Ord. No. 11-2006]
|
Angle of Parking Space
(degrees)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
---|
|
90
|
24
|
24
|
|
60
|
18
|
20
|
|
45
|
13
|
18
|
|
30
|
12
|
18
|
|
Parallel
|
12
|
18
|
(2) Off-street loading spaces shall have 50 feet of vertical clearance
and be designed in accordance with the following schedule:
|
Loading Space
|
Apron/Aisle Length
|
---|
|
Length
(feet)
|
Width
(feet)
|
90 Degrees
(feet)
|
60 Degrees
(feet)
|
---|
|
60
|
10
|
72
|
66
|
|
60
|
12
|
63
|
57
|
|
60
|
14
|
60
|
54
|
G. Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with §
80-51, Drainage, of Article
VI of this chapter.
H. Landscaping in parking and loading areas shall be shown on the natural
resources portion of the site plan. Trees shall be staggered and/or
spaced so as not to interfere with driver vision, have branches no
lower than six feet, and placed at the rate of at least one tree for
every 20 parking spaces. All areas between the parking area and the
building shall be landscaped with trees, shrubs and ground cover.
Any plantings which do not live shall be replaced within one year
or one season. A majority of the parking areas for more than 50 cars
shall be obscured from streets by buildings, landscaped berms, natural
ground elevation, or plantings, singularly or in combination.
I. Minimum loading requirements. In all districts for every building,
or part thereof, hereafter erected, which is to be occupied by manufacturing,
retail or wholesale store or warehouse, office or other use similarly
requiring the receipt and distribution in vehicles of materials or
merchandise, there shall be provided and maintained on the same premises
with such building off-street loading spaces in relation to floor
area as follows:
(1) One space for each 10,000 square feet or part thereof. One additional
space for each additional 30,000 square feet or part thereof, but
in no case shall loading or unloading be conducted from public streets.
J. Minimum parking requirements. The number of off-street parking spaces for each use shall be based on the minimum off-street parking requirements identified for each zoning district in Article
VII or current Residential Site Improvement Standards (RSIS), whichever may apply. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts.
[Amended 9-21-2020 by Ord. No. 2020-02]
K. Joint parking facilities. Persons developing property in the Business
or Industrial Zones may meet the required parking provisions of this
section by participation in a joint parking program of two or more
business uses, provided plans for such a joint program have been approved
by the Planning Board and further provided that the area of the parking
facilities equals the sum of the parking area requirements of each
use participating therein.
[Amended 9-21-2020 by Ord. No. 2020-02]
L. Under no circumstances shall the off-street parking facilities provided
for in this section be used for the storage of vehicles for a period
longer than 30 days.
M. Location of parking and loading areas.
(1) Loading spaces shall be located on the same lot as the use being
served, may abut the building being served rather than requiring a
setback from the building, and shall be located to directly serve
the building for which the space is being provided. Parking spaces
shall be located at least 20 feet from any building being served.
No off-street parking or loading space shall have direct access from
a street.
(2) Off-street parking facilities may be placed in any required yard
in the Business and Industrial Zones provided said parking area placed
in the front yard at no point occupies more than 1/2 the setback required.
No parking in the side or rear yard shall occupy more than 1/2 of
the side or rear yard requirement to the side or rear property line
or 10 feet, whichever is greater.
[Amended 9-21-2020 by Ord. No. 2020-02]
(3) No loading and parking spaces shall be located in any required buffer
area.
(4) Parking spaces located to serve residential uses shall be within
150 feet of the entrance of the building, and within 300 feet of commercial/industrial
uses.
(5) No parking shall be permitted in fire lanes, streets, driveways,
aisles, sidewalks, or turning areas.
N. No sign other than entrance, exit and condition of use signs shall
be maintained; provided, however, said sign shall not be larger than
two square feet in area for parking areas up to 100 parking spaces
and not larger than four square feet in area for parking areas containing
more than 100 parking spaces.
[Amended 3-1-2004 by Ord. No. 5-2004; 9-21-2020 by Ord. No. 2020-02]
Before the issuance of any building or occupancy permit for
any uses in the Business or Industrial District, all of the following
regulations must be complied with:
A. Fire and explosion hazards. All activities shall be carried on only
in structures which conform to the standards of the National Board
of Fire Underwriters or the Borough Building Code or Fire Ordinance,
whichever is more restrictive. All operations shall be carried on
and all combustible raw materials, fuels, liquids and finished products
shall be stored in accordance with the standards of said Board of
Fire Underwriters.
B. Radioactivity. Any business or industrial activity which emits dangerous
radioactivity at any point is prohibited.
C. Smoke. There shall be no emission at any point, from any chimney
or otherwise, of visible grey smoke of a shade darker than No. 1 on
the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines
(Powers Micro-Ringlemann Chart, McGraw Hill Publishing Co., 1954 may
be used), except that visible grey smoke of a shade no darker than
No. 2 on said chart may be emitted for not more than four minutes
in any 30 minutes. These provisions applicable to visible grey smoke
shall also apply to visible smoke of a different color but with an
equivalent apparent opacity.
D. Fly ash, dust, fumes, vapors, gases. There shall be no emission which
can cause any damage to health, to animals or vegetation, or other
forms of property, or which can cause any excessive soiling at any
point. Emission from any chimney or otherwise of any solid or liquid
particles in concentrations exceeding 0.2 grains per cubic foot of
the conveying gas or air at point is prohibited. For measurement of
the amount of particles in gases resulting from combustion, correction
shall be applied to a standard stack temperature of 500° F. and
50% excess air.
E. Liquid or solid wastes.
(1) No business or industrial operation shall discharge wastes of any
kind into any reservoir, pond or lake. The discharge of untreated
wastes into a stream shall be prohibited. All methods of sewage and
waste treatment and disposal shall be approved by the Borough and
New Jersey State Department of Environmental Protection. Effluent
from a treatment plant shall at all times comply with the following
standards.
(a)
Maximum five-day biochemical oxygen demand: five parts per million.
(b)
Maximum quantity of effluent: 10% of minimum daily stream flow.
(c)
Maximum five-day biochemical oxygen demand after dilution (BOD
of effluent multiplied by quantity of effluent divided by quantity
of stream flow): 0.25 parts per million.
(d)
Maximum total solids: 5,000 parts per million.
(e)
Maximum phenol: 0.1 parts per million.
(2) No effluent shall contain any other acids, oils, dust, toxic metals,
corrosive or other toxic substance in solution or suspension which
would create odors, discolor, poison or otherwise pollute the stream
in any way.
F. Noise. There shall be no noise defined as follows:
(1) The sound pressure level radiated continuously from a facility between
the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following
in any octave band of frequency:
|
Frequency Band Cycles Per Second
|
---|
|
20 to 75
|
|
75 to 150
|
|
150 to 300
|
|
300 to 600
|
|
600 to 1,200
|
|
1,200 to 2,400
|
|
2,400 to 4,800
|
|
4,800 to 9,600
|
|
Sound Pressure Level In Decibels*
|
---|
|
69
|
|
54
|
|
47
|
|
41
|
|
37
|
|
34
|
|
31
|
|
28
|
|
*
|
According to the following formula: Sound pressure level in
decibels equals 20 log P/P-2 where P-2 equals 0.0002 dynes per square
centimeter.
|
(2) If the noise is not smooth and continuous and is not radiated at
night, one or more of the following corrections shall be added to
or subtracted from each of the decibel levels given.
|
Type of Operation or Character of Noise
|
Correction in Decibels
|
---|
|
Daytime operation only
|
-5
|
|
Noise source operates less than 20% of the time
|
-5*
|
|
Noise source operates less than 5% of the time
|
-10*
|
|
Noise source operates less than 1% of the time
|
-15*
|
|
Noise of impulsive character (hammering, etc.)
|
-5
|
|
Noise of periodic character (hum, screech, etc.)
|
-5
|
|
*
|
Apply one of these corrections only.
|
(3) The foregoing measurements shall be made at a point 25 feet distant
from the building wherein the noise originates or at the nearest boundary
line of the property, whichever is further away, and shall be measured
with a sound level meter and an octave band analyzer that conforms
to the specifications published by the American Standards Association,
Incorporated, New York, N.Y.
G. Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate site on which such use
is conducted.
H. Odors. There shall be no emission of odorous gases or other odorous
matter in such use.
I. Glare. There shall be no direct or sky-reflected glare exceeding
0.5 footcandles measurable beyond the property line of the lot occupied
by such use. This regulation shall not apply to lights used at the
entrance or exits of service drives.
J. Appearance. Every building shall be faced on all exterior walls with
a veneer material as approved by the Planning Board.
No lot shall have erected upon it more than one principal permitted
use. No more than one principal building shall be permitted on one
lot except that shopping centers, apartment and condominium projects,
and industrial complexes, all receiving site plan approval, may be
permitted to have more than one building on a lot in accordance with
standards of the zoning district in which it is located.
All public services shall be connected to an approved public
utilities system where one exists.
A. The developer shall arrange with the servicing utility for the underground
installation of the utilities distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
B. The developer shall submit to the approving authority, prior to the
granting of final approval, a written instrument from each serving
utility which shall evidence full compliance or intended full compliance
with the provisions of this section; provided, however, lots which
abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities overhead lines
shall be installed underground. In the case of existing overhead utilities,
should a road widening, or an extension of service, or other such
condition occur as a result of the development and necessitate the
replacement, relocation or extension of such utilities, such replacement,
relocation or extension shall be underground.
C. Where natural foliage is not sufficient to provide year-round screening
of any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year-round.
D. On any lot where by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of §
80-13, Exceptions, in Article
IV. Where overhead lines are permitted as an exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
E. Any installation under this section to be performed by a servicing
utility shall be exempt from requiring performance guarantees, but
shall be subject to inspection and certification by the Municipal
Engineer.
A. The developer shall construct facilities in such a manner as to provide
adequate sewerage within the development to transport all sewage from
each lot and the total development to the existing collection and
treatment system.
B. Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with §
80-52, Easements, in Article
VI.
All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in §
80-65, Off-street parking and loading, in Article
VI.
[Amended 12-18-2006 by Ord. No. 11-2006]
Sidewalks shall be required along at least one side of every
street where it is necessary for pedestrian safety. Sidewalks shall
be at least four feet wide and located as approved by the approving
authority. Sidewalks shall be at least four inches thick, except at
points of vehicular crossing where they shall be at least six inches
thick, of Class C concrete having a twenty-eight-day compressive strength
of 4,000 psi, and shall be air-entrained.
Sight triangles shall be required at each quadrant of an intersection
of streets and of streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle,
no grading, planting or structure shall be erected or maintained more
than 30 inches above the center line grade of either intersecting
street or driveway or lower than eight feet above their center lines
including utility poles but excluding street name signs and official
traffic regulation signs. Where any street or driveway intersection
involves earth banks or vegetation, including trees, the developer
shall trim such vegetation and trees as well as establish proper excavation
and grading to provide the sight triangle. The sight triangle is that
area bounded by the intersecting street lines and a straight line
which connects "sight points" located on each of the two intersecting
street lines the following distances away from the intersecting street
lines: arterial street at 130 feet; collector streets at 60 feet;
and primary and secondary local streets at 35 feet. Where the intersecting
streets are both arterial, both collectors, or one arterial and one
collector, two overlapping sight triangles shall be required formed
by connecting the sight points noted above with sight point 35 feet
on the intersecting street. Any proposed development requiring site
plan approval shall provide sight triangle easements at each driveway
with the driveway classified as a local street for purposes of establishing
distances. The classification of existing and proposed streets shall
be those shown on the adopted master plan or as designated by the
Planning Board at the time of the application for approval for a new
street not included on the master plan. A sight triangle easement
dedication shall be expressed on the plat as follows: "Sight triangle
easement subject to grading, planting and construction restrictions
as provided for in the Rocky Hill Development Regulations Ordinance".
Portions of a lot set aside for the sight triangle may be calculated
in determining the lot area and may be included in establishing the
minimum setbacks required by the zoning provisions.
[Amended 6-17-1996 by Ord. No. 5-1996]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ATTACHED SIGN
A sign which is affixed parallel to the wall to which it
is attached.
CHURCH SIGN
A sign setting forth the name of a church or other place
of worship on the premises, its pastor, and its coming activities.
CONSTRUCTION SIGN
A sign which displays any of the following: the name of the
building under construction, the owner, the general contractor, subcontractors,
the financing institution, any public agencies or officials, and the
professional personnel who worked on the project.
DIRECTIONAL SIGN
A sign setting forth directions to users, exits, and other
points in a development.
FREESTANDING SIGN
A sign which is supported from the ground rather than affixed
to a structure.
POLITICAL CAMPAIGN SIGN
A sign identifying a candidate or setting forth other information
as to a person or issue being voted on in a primary, special, or general
election.
B. Signs permitted by district: regulations therefor.
(1) Residential districts. One sign containing the name of the resident
or property and measuring not more than two square foot in area shall
be permitted in all residential zoning districts. In addition, numbering
indicating the address of the premises may be placed thereon, and
there shall be no regulation thereof.
(2) Business District.
(a)
Attached signs and freestanding signs accessory to the business
conducted on the property and window signs shall be permitted in the
Business District. The total sign area for all signs permitted, including
both attached and freestanding signs, shall not exceed 5% of the area
of the face of the building wall, including windows, upon which said
signs are attached, in the case of attached signs, or in front of
which a freestanding sign is located, in the case of freestanding
signs. There may be no more than one freestanding sign in front of
each of the faces of the building on or in front of which signage
is allowed, and there may be an attached sign or signs on a building
face even if a freestanding sign is located in front of such face.
There shall not be more than one sign, whether attached or freestanding,
for each separate tenant of the premises; provided, however, that
where a building is served with a rear entrance opening onto a parking
area as approved by the Planning Board, each tenant in the building
is permitted a second sign for the rear of the building as well. A
corner building may have a sign attached to or in front of the second
street side of the building in addition to other signs permitted.
Freestanding signs shall be set back at least three feet from the
public right-of-way.
(b)
Window signs. Signs advertising sales, promotions, community
events, and employment opportunities shall be permitted in or on the
window of a structure. The total square footage of all such signs
shall not exceed 40% of the glass window area of the floor of the
facade on which the sign is located, except that a user with window
sign square frontage in excess of the maximum permitted hereby at
the date of adoption of this chapter may continue to use window signs
up to such square footage. Window signs must be attached to the window.
[Amended 9-21-2020 by Ord. No. 2020-02]
(3) Industrial District. In the Industrial District, attached, freestanding,
and window signs meeting the following standards are permitted:
(a)
Attached and freestanding signs.
[1]
Permitted signs.
[a] One sign identifying the overall facility and one
directory sign, both of which may be attached or freestanding, are
permitted. Both signs shall be easy to read at the vehicular access
point to the facility.
[b] One attached sign accessory to the operation conducted
on each of the premises within the facility is permitted.
[c] Such supplementary signs directing traffic to each
of the premises as are necessary are permitted, provided that each
such sign is not greater than four square feet.
[2]
The total area of all attached signs on the face of a building
wall, including windows, shall be no greater in area than 5% of the
area of the face upon which said signs are attached.
[3]
Freestanding signs are permitted only in the rear half of the
required front yard setback and only if the premises being identified
has a minimum lot width at the required front yard setback of 400
feet and no building is less than 100 feet from the front street property
line, except that directory signs may be placed anywhere within the
front yard. Both signs shall be no closer to a side lot line than
the minimum side yard for the principal building.
[4]
The dimensions of freestanding signs shall be as follows:
[a] Where a freestanding sign is parallel to the front
property line, the width of the sign shall not be more than 5% of
the width of the building in front of which the sign is placed, but
in no case shall the width of the sign exceed 10 feet.
[b] Where a freestanding sign is not parallel to the
front property line, the width of the sign shall not be more than
3% of the width of the building in front of which the sign is placed,
but in no case shall the width of the sign exceed 10 feet.
[c] The height of any freestanding sign as permitted
by this section, including any support or frame, shall not be more
than six feet above the ground measured at finished grade, except
that directory signs shall not be more than eight feet above finished
grade.
[5]
Notwithstanding the foregoing, freestanding signs necessary
for directional or safety purposes, in either case not more than four
square feet in area, may be placed anywhere in the front yard.
(b)
Window signs of the kind set forth in and subject to the regulations set forth in Subsection
B(2)(b) hereof, except that they shall be permitted on the first floor only.
(5) CL District. In the CL district, signs for permitted uses shall be
permitted if deemed necessary by the Borough Council, subject to site
plan review by the Planning Board. No more than one sign shall be
permitted for each conditional use. Each sign shall measure no more
than 32 inches by 48 inches and shall be placed in a suitable location
on the site.
[Amended 3-1-2004 by Ord. No. 1-2004]
(6) All districts. The following signs shall be permitted in all districts:
(a)
Church signs, provided that they do not exceed 12 square feet
if attached and each side of which does not exceed eight square feet
if freestanding. One such sign shall be permitted for each church.
(b)
Temporary signs coming within the categories set forth in Subsection
B(6)(b)[1] through
[3] below, provided that, unless otherwise specified, no more than one sign in each category may be placed on each lot or group of lots serving the same use and that each sign be set back at least 10 feet from the sidewalk and cartway, unless vegetation or other unusual conditions would obscure it, but in no event less than six feet.
[1]
Construction signs, provided that:
[a] No more than one sign is permitted on a construction
site beginning with the commencement of work and terminating within
one week after the issuance of a temporary or final certificate of
occupancy;
[b] Such signs not exceed eight square feet in all
areas; and
[Amended 9-21-2020 by Ord. No. 2020-02]
[c] They are located as close as is practicable to
the driveway serving as construction access.
[2]
Political campaign signs and signs used for religious and charitable
purposes and other signs containing noncommercial messages, provided
that:
[a] A sign other than a political campaign sign advertising
a scheduled event may be erected two months prior to the event scheduled
and shall be removed within five days after the occurrence of the
event;
[b] A political campaign sign shall be removed within
five days after the election to which the campaign pertains;
[c] Such sign does not exceed 16 square feet, and no
side of any sign may be greater than six feet in any linear dimension;
and
[d] There shall be no limit on the number of political
campaign signs and temporary signs used for religious and charitable
purposes placed on any one lot, but no more than one sign containing
other noncommercial messages may be placed on any one lot.
[3]
Real estate signs, provided that:
[a] Only one such sign may be placed on a lot, except
that one sign on each frontage of a corner lot is permitted;
[c] They pertain only to the lease or sale of the property
upon which they are placed;
[d] They do not exceed six square feet in area in residential
zoning districts and eight square feet in area in nonresidential zoning
districts;
[e] They are removed within seven days after the consummation
of a lease or sale transaction; and
[f] They are attached to a building or are set back
at least two feet from the cartway and two feet from the sidewalk,
unless vegetation or other unusual conditions would obscure them,
in which case they may be placed closer to the sidewalk and cartway,
but no more than necessary to be visible. In any case, sidewalks and
cartways shall not be obstructed, nor shall signs be erected on or
over them.
(c)
Street number designations, postal boxes, on-site traffic directional
and parking signs, signs posting property as "private property," "no
hunting," or similar purposes, and "danger" signs around utility and
other danger areas.
C. Prohibited signs. No signs other than those set forth in Subsection
B are permitted in the Borough of Rocky Hill. In addition, the following signs are specifically prohibited except as otherwise permitted herein:
(1) Billboards and other signs advertising goods or services not sold
on the premises, including signs providing information about or directions
to off-site residential development; except that real estate open
house signs shall be permitted on the day or days on which the open
house occurs and that, if a lot straddles residential and nonresidential
zoning districts, a sign advertising goods and services sold in the
nonresidential portion may be located in the residential portion.
(2) Signs which obstruct driving vision, traffic signals, and traffic
direction and identification signs or which are located in sight triangles.
(3) Signs using mechanical or electrical devices to revolve, flash, or
display movement or the illusion of movement.
(4) Signs affixed to fences, walls, or other structures other than the
walls of a building, except that permitted residential signs may be
so affixed.
D. Additional standards governing signs.
(1) Attached signs.
(a)
Attached signs shall be affixed parallel to the wall to which
they are attached, and the face of the sign shall project no more
than six inches from the surface of the wall, except that a lamp illuminating
the sign may project not more than 18 inches from the wall; and where
a building has a permanent canopy or marquee constructed as an integral
part of the building, a sign may be placed on the front of the marquee
if no part of said sign extends above or below the front edge of the
canopy or marquee. The permitted area of the sign on the canopy or
marquee shall be determined by the area of the wall from which said
canopy or marquee extends.
(b)
The uppermost part of an attached sign shall not be higher than
the base of the second floor window sill in a two or more story structure,
or the eave line or 25 feet, whichever is lower, in either a one story
structure or a structure without windows. Height shall be measured
from grade at the building.
(c)
The lowest portion of any sign which projects above an area
traversed either by motor vehicles or pedestrians shall be at least
15 feet and 10 feet respectively.
(2) Illumination.
(a)
Illuminated signs shall be arranged to reflect the light and
glare away from adjoining lots and streets. All signs lighted from
their exterior shall have the light source shielded from adjoining
lots, streets, and interior drives.
(b)
All lights shall either be shielded or shall have translucent
fixtures to reduce off-site effects.
(c)
No sign shall have a beacon or flashing illumination.
(d)
Lighting color shall conform to the requirements of §
80-59 of this chapter, except that taverns and other establishments primarily in the business of dispensing alcoholic beverages may have colored signs inside the building, in which case they may be visible from the exterior.
(e)
Internally illuminated signs are prohibited except that taverns
and other establishments primarily in the business of dispensing alcoholic
beverages may have such signs inside the building, in which case they
may be visible from the exterior.
(f)
Illuminated signs shall be no greater in area than 1/2 the area otherwise permitted under this §
80-74.
(3) General provisions.
(a)
Signs shall not obstruct vision or conflict with any height
or other regulations of this chapter.
(b)
Except for banners for community events and signage dealing
with public safety, both of which shall be subject to Borough Council
approval, signs shall not be placed in a public right-of-way or other
public property.
(c)
Signs shall be constructed of durable materials and maintained
in good condition.
(d)
Sign area shall include all lettering, wording, coloring and
accompanying designs and symbols, together with the background, whether
open or enclosed, but not including any supporting framework and bracing
incidental to the display itself.
(e)
The maximum dimension in any direction along the surface of
a sign shall be 10 feet except when a lesser dimension is provided
for in this section.
E. Administration. No sign shall be constructed or displayed unless
a building permit shall have first been obtained from the Construction
Official, except that building permits shall not be required for temporary
signs. No freestanding sign other than a temporary sign shall be permitted
until a site plan showing the location and size of the proposed freestanding
sign is approved.
All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for this protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community. See §
80-57, Grading and filling; §
80-76, Soil removal and redistribution; and §
80-77, Stormwater runoff, in Article
VI.
A. Regulation. No building permit shall be issued for any application
requiring either site plan or major subdivision approval until such
approval has been given by the approving authority, including review
and approval of the soil erosion and sediment control plan.
B. Data required.
(1) The applicant shall submit a natural resources plan as outlined under
the site plan provisions of this chapter which shall clearly establish
the means for controlling soil erosion and sedimentation for each
site, or portion of a site when developed in stages.
(2) The soil erosion and sediment control measures shall be certified
by the Municipal Engineer and approved by the approving authority.
The applicant may consult with the County Soil Conservation District
in the development of the plan and the selection of appropriate erosion
and sediment control measures. The applicant shall bear the final
responsibility for the installation and construction of all required
soil erosion and sediment control measures according to the provisions
of this chapter.
(3) The applicant shall submit to the approving authority a separate
soil erosion and sediment control plan for each subdivision, site
plan review, zoning variance, or any application for construction
for which the Standard Building Code of the State of New Jersey would
require a building permit. Such plan shall be prepared by a professional
engineer licensed in the State of New Jersey, except in instances
where the preparation of a plan does not include or require the practice
of engineering as defined in N.J.S.A. 45:8, and shall contain:
(a)
Location and description of existing natural and man-made features
on and surrounding the site including general topography and soil
characteristics and a copy of the soil conservation district soil
survey (where available).
(b)
Location and description of proposed changes to the site, including
contours and spot elevations showing existing and post-construction
conditions.
(c)
Measures for soil erosion and sediment control.
(d)
A schedule of the sequence of installation of planned erosion
and sediment control measures as related to the progress of the project,
including anticipated starting and completion dates.
(e)
All proposed revisions of data required shall be submitted for
approval.
(f)
Description of means for maintenance of erosion and sediment
control measures and facilities during and after construction.
C. Review and approval. Erosion and sediment control plans shall be
reviewed by the Municipal Engineer and the approving authority and
certified and approved as part of subdivision, site plan, or variance
approvals when in conformance with the standards for soil erosion
and sediment control. The approving authority may seek the assistance
of the County Soil Conservation District in the review of such plans.
D. General design principles. Control measures shall apply to all aspects
of the proposed land disturbance and shall be in operation during
all stages of the disturbance activity. The following principles shall
apply to the soil erosion and sediment control plan:
(1) Stripping
of vegetation, grading or other soil disturbance shall be done in
a manner which will minimize soil erosion;
(2) Whenever
feasible, natural vegetation shall be retained and protected;
(3) The
extent of the disturbed area and the duration of its exposure shall
be kept within practical limits;
(4) Either
temporary seeding, mulching or other suitable stabilization measures
shall be used to protect exposed critical areas during construction
or other land disturbances;
(5) Drainage
provisions shall accommodate increased runoff resulting from modified
soil and surface conditions during and after development or land disturbance;
(6) Water
runoff shall be minimized and retained on site wherever possible to
facilitate groundwater recharge;
(7) Sediment
shall be retained on site; and
(8) Diversions,
sediment basins, and similar required structures shall be installed
prior to any on-site grading or land disturbance.
E. Maintenance. All necessary erosion and sediment control measures
installed under this section shall be adequately maintained for one
year after completion of the approved plan or until such measures
are permanently stabilized as determined by the Municipal Engineer,
whichever is larger. The Municipal Engineer shall give the applicant,
upon the applicant's request, certification of this determination.
F. Exemptions. The following activities are specifically exempt from
the soil erosion and sediment control provisions:
(1) Land disturbance associated with the construction of a single-family
dwelling unit unless such unit is a part of a proposed subdivision,
site plan, zoning variance, or building permit application involving
two or more such single-family dwelling units.
(2) Land disturbance of 5,000 square feet or less of the surface area
of land for the accommodation of construction for which the Standard
Building Code of the State of New Jersey would require a building
permit.
(3) Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the local soil conservation district
or when it is determined by the local soil conservation district that
such use will not cause excessive erosion and sedimentation.
(4) Use of land for gardening primarily for home consumption.
(5) Percolation tests and/or soil borings.
The excavation and grading for completion of a development shall
be done in accordance with the approved plat which contains soil erosion
and sediment control provisions. Excavation of soil, other than required
for the construction of approved structures and supporting facilities
such as but not limited to streets, driveways and parking areas, shall
be prohibited. Regrading of property so as to redistribute topsoil
throughout the site from areas excavated for such approved structures
and supporting facilities shall be permitted, but shall be done in
the following manner to minimize or eliminate the erosion of soil.
Any application proposing the disturbance of more than 5,000 square
feet of surface area of land as defined in the Soil Erosion and Sediment
Control Act (Ch. 251, P.L. 1975) shall include on its plan the following: the means to
control or prevent erosion, provide for sedimentation basin(s) for
soil that does erode due to water, and control drainage, dust, and
mud on the premises as well as abutting lands; the preservation of
soil fertility and the resulting ability of area affected to support
plant and tree growth by maintenance of adequate topsoil consisting
of at least six inches of the original layer; maintenance of necessary
lateral support and grades of abutting lands, structures and other
improvements; prevention of pits and declivities which are hazardous
or which provide insect breeding locations; the physical limitations
and characteristics of the soil shall not be altered to prevent the
use to which the land may lawfully be put; and such other factors
as may reasonably bear upon or relate to the public health, safety
and general welfare.
A. All development shall incorporate on-site stormwater facilities that will encourage the recharging of underground aquifers and/or the allowing down of the rate stormwater leaves the site. All measures used to control the rate of stormwater runoff shall comply with the grading and filling, soil erosion and sediment control, and soil removal and redistribution provisions in Article
VI of this chapter and the provisions of the State Best Management Practices Manual.
[Amended on 12-18-2006 by Ord. No. 11-2006]
B. Where the amount of the runoff from the proposed development is sufficient
to justify detention basin(s), one or more detention basins shall
be required. The determination of the amount of stormwater runoff
and whether the amount of runoff is sufficient for detention basin(s)
shall be made by the approving authority upon the advice of the Municipal
Engineer, Environmental Commission, and Soil Conservation District.
Each detention basin shall contain a primary water depth capacity
which will accept all surface water directed to it from a four-inch
rain in 24 hours. The detention basin shall have a secondary water
depth capacity, which, together with the primary water depth capacity,
will accept all surface water directed to it from a six-inch rain
in 24 hours. All stormwater runoff from the property shall be directed
through one or more detention basins. The primary water depth capacity
shall have one or more outlets permitting complete draining of the
maximum capacity of the detention basin at the primary water depth
in not less than 36 hours. The same outlet(s) shall provide for draining
the detention basin capacity of the primary and the secondary water
depth capacity in not less than 48 hours.
C. Vertical holes, filled with coarse rock, may be provided within the
detention basin for percolation into the soil.
D. All developments may incorporate on-site stormwater detention or
impoundment facilities in the following manner:
(1) Swales may be constructed in which there need be no outlet facilities
and which will impound water draining only from other landscaped areas.
The water impounded in these areas will be left to evaporate and percolate
and the swales shall otherwise be seeded and maintained in lawn area.
(2) Impoundment/detention basins along any stream that maintains a steady
flow of water throughout the year may be constructed provided any
improvements designed to provide such impoundment/detention facilities
shall be designed to meet the standards of, and have the approval
of, the New Jersey Department of Environmental Protection, and shall
have the proper amount of sustained water flow downstream, proper
depth of water to control vegetation, and a proper design to prevent
water stagnation in any part of the pond.
(3) Detention of stormwater on roof surfaces may be designed by means
of essentially flat, but slightly pitched roofs to the edges. Facilities
for control of the water runoff from the roof shall be provided in
the form of vertical leaders with detention rings around the intake
to provide the control of water flow. The spacing and capacity of
the vertical leaders and detention of rings shall be approved by the
Municipal Engineer and Building Inspector depending on the area to
be drained, the pitch of the roof, the capacity of the impoundment/detention
facilities to which the water will eventually drain, and the structural
strength of the roof. It is recommended that the intakes be protected
by a device that will accept the full amount of water passed on to
it from the detention rings, but which will act as a strainer for
any foreign matter such as leaves, twigs, and seedlings. The leaders
from the roof with water detention design shall direct the stormwater
into a detention basin constructed in a manner outlined above.
E. Where storm drains are installed outside streets, easements or rights-of-way shall be required in accordance with §
80-52, Easements, in Article
VI.
Streetlighting standards of a type and number approved by the
approving authority and Municipal Engineer shall be installed at street
intersections and elsewhere as deemed necessary by the approving authority.
The developer shall provide for the installation of underground service
for streetlighting.
A. All development shall be served by paved streets with an all weather
base and pavement with an adequate crown. The arrangement of streets
not shown on the Master Plan or Official Map shall be such as to provide
for the appropriate extension of existing streets, conform with the
topography as far as practicable, and allow for continued extension
into adjoining undeveloped tracts.
B. Minor streets shall be so designed as to discourage through traffic.
C. The right-of-way width shall be measured from lot line to lot line
and shall be not less than 50 feet.
D. No street grade shall be less than 1%. No street grade shall be greater
than 10% except where the topography of the land to be subdivided
is such as to make it impossible; otherwise, to develop such land
the Planning Board may, in its discretion, approve grades in excess
of 10% but in no case shall any grade exceed a grade of 15%.
E. The entire street right-of-way of all new streets shall be graded
and in addition in those areas where the right-of-way is on fill,
the grading shall be extended two feet beyond the right-of-way on
either side as necessary; and a slope with a ratio of 1-1/2:1 shall
be established except where it is in rock, in which case the slope
can be graded according to standard practice. These determinations
shall be made in accordance with the recommendations of the Borough
Engineer.
F. Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the property line with a curve having a radius
of not less than 25 feet.
G. Street jogs with center line offsets of less than 125 feet shall
be prohibited.
H. When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet, in accordance
with recommendations of the Borough Engineer.
I. All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
J. Dead-end streets shall not be permitted unless given special permission
by the Board and, if so permitted, shall provide a turnaround at the
closed end with a radius of not less than 50 feet.
K. No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
L. Sidewalks shall be located no closer than six inches from the property
line so as to allow sufficient space for the installation of monuments
as required.
M. The base course and wearing course of all new streets included in
the subdivision or that portion on which final approval is being requested
shall be installed in accordance with the current road specifications
of the Borough of Rocky Hill. The width of all streets shall be in
accordance with the residential site improvement standards.
[Amended 12-18-2006 by Ord. No. 11-2006]
Street signs conforming to the standards of the Borough of Rocky
Hill shall be placed at each intersection and shall be adequate to
provide directions for emergency vehicles.
Topsoil available at the site and moved during the course of
construction shall be redistributed to all areas uncovered in the
course of construction. Whenever sufficient topsoil is not available
at the site, additional topsoil shall be obtained and redistributed
in such a manner as to provide a cover of at least six inches of topsoil
on the areas uncovered during the course of construction or excavation.
No topsoil shall be removed from the site of the subdivision or used
as spoil.
No open space provided around any principal building for the
purpose of complying with front, side, or rear yard provisions shall
be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, including corner lots, the building
setback from each street shall not be less than the required front.